IP Innovation LLC et al v. Google, Inc. Doc.

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Case 2:07-cv-00503-LED Document 32-3 Filed 05/30/2008 Page 1 of 8

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

§
IP INNOVATION L.L.C. AND
§
TECHNOLOGY LICENSING
§
CORPORATION,
§
§
Plaintiffs,
§ CASE NO. 2:07CV-503-LED
§
v.
§ JURY TRIAL REQUESTED
§
GOOGLE INC.,
§
§
Defendant.
§

DOCKET CONTROL ORDER

It is hereby ORDERED that the following schedule of deadlines is in effect until further
order of this Court:

April 12, 2010 9:00 a.m. JURY TRIAL as reached at the United States District Court, 100 E.
Court designated date - not
flexible without good cause - Houston, Marshall, Texas.
Motion Required

April 12, 2010 EXHIBITS & EXHIBIT LISTS Each party shall provide the Court
Day of Trial with one set of exhibits and three copies of the exhibit list. The Court’s
preferred format for Exhibit Lists is available on the Court’s website at
www.txed.uscourts.gov under “Orders & Forms.”
The parties are further requested to have all exhibits labeled with
the following information on each label: Designation of Plaintiff s or
Defendant’s Exhibit Number and Case Number.
At the conclusion of the evidentiary phase of trial, each party shall
be responsible for pulling those exhibits admitted at trial to be submitted
to the jury. In addition, each party shall submit to the Court a Final
Exhibit List of all of their exhibits admitted during trial. At the
conclusion of trial, all boxes of exhibits shall be returned to the
respective parties and the parties are instructed to remove these
exhibits from the courtroom.
Within two business days of the conclusion of trial, each party
shall submit to the Court the following:

Dockets.Justia.com
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(1) A disk or disks containing all admitted trial exhibits in

April 6, 2010
Court designated date - not
flexible without good cause -
Motion Required
PDF format. If tangible exhibits were admitted, such exhibits shall be
substituted with a photograph to be converted to a PDF file and shall be
included in the Court’s disk of admitted exhibits. If the Court ordered
any exhibits sealed during trial, the Sealed Exhibits shall be copied on a
separate disk.
(2) A disk or disks containing the transcripts of Video
Depositions played during trial, along with a copy of the actual video
deposition.
After verification of exhibit lists by the Clerk, the lists shall be filed
by the Clerk, and the disk or disks containing the exhibits in PDF
format shall be stored in the Clerk’s Office, Tyler Division.
9:00 a.m. JURY SELECTION at the United States District Court, 100 E.
Houston, Marshall, Texas.

March 18, 2010
Court designated date - not
flexible without good cause -
Motion Required
9:00 a.m. PRETRIAL CONFERENCE at the United States District
Court, 211 W. Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler,
Texas.

All pending motions will be heard.

Lead trial counsel must attend the pretrial conference.
March 16, 2010 Parties to file estimates of the amount of time they request at jury
2 days before selection and trial for (1) voir dire, (2) opening statements, (3) direct and
pretrial cross examinations, and (4) closing arguments.

March 15, 2010 Motions in Limine due. The parties are directed to confer and advise the
3 days before Court on or before 3:00 o’clock p.m. the day before the pre-trial conference
pretrial which paragraphs are agreed to and those that need to be addressed at the
pre-trial conference.
March 15, 2010 Pretrial Objections due.
5 days before
pretrial

February 26, 2010 Objections to Rebuttal Deposition Testimony due.

20 days before
pretrial

February 22, 2010 Rebuttal Designations and Objections to Deposition Testimony due. Cross
25 days before examination line and page numbers to be included. In video depositions,
pretrial each party is responsible for preparation of the final edited video in
accordance with their parties’ designations and the Court’s rulings on
objections.

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February 11, 2010 Pretrial Disclosures due.

35 days before
pretrial Video and Stenographic Deposition Designation due. Each party who
proposes to offer deposition testimony shall file a disclosure identifying
the line and page numbers to be offered.
January 22, 2010 Joint Pretrial Order, Joint Proposed Jury Instructions with citation to
55 days before authority and Form of the Verdict for jury trials due. Proposed Findings of
pretrial Fact and Conclusions of Law with citation to authority for issues tried to the
bench.
Notice of Request for Daily Transcript or Real Time Reporting of Court
Proceedings due. If a daily transcript or real time reporting of court
proceedings is requested for trial or hearings, the party or parties making said
request shall file a notice with the Court and email the Court Reporter,
Shea Sloan, at shea_sloan@txed.uscourts.gov.
February 17, 2010 Response to Dispositive Motions (including Daubert motions) due.
At least 15 days after Responses to dispositive motions filed prior to the dispositive motion
dispositive motion deadline, including Daubert motions, shall be due in accordance with
date Local Rule CV-56 and Local Rule CV-7. Motions to extend page limits
will only be granted in exceptional circumstances.
February 2, 2010 Dispositive Motions due from all parties and any other motions that
Court designated date - not may require a hearing (including Daubert motions) due. Motions shall
flexible without good cause -
Motion Required comply with Local Rule CV-56 and Local Rule CV-7. Motions to extend
page limits will only be granted in exceptional circumstances.
January 29, 2010 Parties to Identify Rebuttal Trial Witnesses.
3 days before
Dispositive Motions
January 19, 2010 Parties to Identify Trial Witnesses; Amend Pleadings (after Markman
14 days before Hearing). It is not necessary to file a Motion for Leave to Amend before
Dispositive Motions the deadline to amend pleadings. It is necessary to file a Motion for
Leave to Amend after the deadline. However, except as provided in
Patent Rule 3-6, if the amendment would effect infringement contentions or
invalidity contentions, a motion must be made pursuant to Patent Rule 3-6
irrespective of whether the amendment is made prior to this deadline.
January 5, 2010 Discovery Deadline.
28 days before
Dispositive Motions
December 7, 2009 Parties designate rebuttal expert witnesses (non-construction issues),
58 days before Rebuttal expert witness reports due. Refer to Local Rules for required
Dispositive Motions information.
November 25, 2009 Parties with burden of proof designate expert witnesses (non-construction
68 days before issues). Expert witness reports due. Refer to Local Rules for required
Dispositive Motions information.

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October 27, 2009 Comply with P.R.3-7 - Furnishing documents and privilege logs
98 days before pertaining to willful infringement.
Dispositive Motions
October 1, 2009 Markman hearing and hearing on any Motion for Summary
Court designated date - not
flexible without good cause - Judgment of Indefiniteness at 9:30 a.m. at the United States District
Motion Required Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis,
Tyler, Texas.
September 24, 2009 P.R. 4-5(d) Chart due. Parties shall jointly submit a claim construction
7 days before chart on computer disk in WordPerfect format or in such other format as
Markman Hearing the Court may 607cv503 IP Inndirect in accordance with P.R. 4-5(d).
Reply to Motion for Summary Judgment of Indefiniteness due. The
filing party is to provide the Court with 2 binders containing their brief and
exhibits appropriately tabbed. If a technical advisor has been appointed the
moving party is to provide their brief on disk or CD along with a hard copy,
tabbed and bound in notebook format with exhibits to the advisor.

Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-
5(e). Motions to extend page limits will only be granted in exceptional
circumstances.
September 21, 2009 Parties to file a notice with the Court stating the estimated amount of time
12 days before requested for the Markman Hearing. The Court will notify the parties if it is
Markman Hearing unable to accommodate this request.

Comply with P.R. 4-5(c) - Reply brief and supporting evidence due re response to
claim construction. The filing party is to provide the Court with 2 binders
containing their reply brief and exhibits appropriately tabbed. If a technical
advisor has been appointed the moving party is to provide their brief on disk or
CD along with a hard copy, tabbed and bound in notebook format with exhibits to
the advisor.

Response to Motion for Summary Judgment of Indefiniteness due. The

filing party is to provide the Court with 2 binders containing their brief and
exhibits appropriately tabbed. If a technical advisor has been appointed the
moving party is to provide their brief on disk or CD along with a hard copy,
tabbed and bound in notebook format with exhibits to the advisor.

Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e).
Motions to extend page limits will only be granted in exceptional
circumstances.

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September 7, 2009 Comply with P.R. 4-5(b) - Responsive brief and supporting evidence due to
25 days before party claiming patent infringement. The filing party is to provide the Court
Markman Hearing with 2 binders containing their Markman brief and exhibits appropriately
tabbed. If a technical advisor has been appointed the moving party is to
provide their Markman brief on disk or CD along with a hard copy, tabbed
and bound in notebook format with exhibits to the advisor.

Motion for Summary Judgment of Indefiniteness due. The moving party

is to provide the Court with 2 binders containing their brief and exhibits
appropriately tabbed. If a technical advisor has been appointed the moving
party is to provide their brief on disk or CD along with a hard copy, tabbed
and bound in notebook format with exhibits to the advisor.

Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e).
Motions to extend page limits will only be granted in exceptional
circumstances.
August 24, 2009 Comply with P.R. 4-5(a) - The party claiming patent infringement shall serve
40 days before and file an opening brief and any evidence supporting its claim construction.
Markman Hearing The filing party is to provide the Court with 2 binders containing their Markman
brief and exhibits appropriately tabbed. If a technical advisor has been appointed
the moving party is to provide their Markman brief on disk or CD along with a
hard copy, tabbed and bound in notebook format with exhibits to the advisor.

Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5 (e).
Motions to extend page limits will only be granted in exceptional
circumstances.
August 20, 2009 Tutorials due. Deadline for parties, if they desire, to provide Court with
tutorials concerning technology involved in patent. If a technical advisor has
42 days before
been appointed, each party that provides a tutorial shall provide a copy to the
Markman Hearing advisor.
August 13, 2009 Discovery Deadline - Claim Construction Issues.
49 days before
Marknan Hearing
July 30, 2009 Respond to Amended Pleadings.
63 days before
Marknan Hearing
July 23, 2009 Proposed Technical Advisors due. Parties to provide name, address, phone
70 days before number, and curriculum vitae for up to three agreed technical advisors and
Markman Hearing information regarding the nominees’ availability for Markman hearing or a
statement that they could not reach an agreement as to any potential technical
advisor. If the parties cannot agree on a technical advisor, they shall not
submit any proposed technical advisors to the Court.

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July 16, 2009 Amended Pleadings (pre-claim construction) due from all parties. It is not
77 days before necessary to file a Motion for Leave to Amend before the deadline to amend
Markman Hearing pleadings. It is necessary to file a Motion for Leave to Amend after the
deadline. However, if the amendment would affect infringement contentions
or invalidity contentions, a motion must be made pursuant to Patent Rule
3-7 irrespective of whether the amendment is made prior to this deadline.
July 13, 2009 Comply with P.R. 4-3 - Filing of Joint Claim Construction and Prehearing
80 days before Statement.
Markman Hearing
October 22, 2008 Comply with P.R. 4-2 - Exchange of Preliminary Claim Constructions and
85 days from when Extrinsic Evidence. Privilege Logs to be exchanged by parties (or a letter
Docket Control Order to the Court stating that there are no disputes as to claims of privileged
and Discovery Order documents).
due
(plus 60 day extension)
October 2, 2008 Comply with P.R. 4-1 - Exchange Proposed Terms and Claim Elements for
65 days from when Construction.
Docket Control Order
and Discovery Order
due
(plus 60 day extension)
August 25, 2008 Comply with P.R. 3-3 and 3-4- Invalidity Contentions due. Thereafter, it is
55 days from when necessary to obtain leave of Court to add and/or amend invalidity
Docket Control Order contentions, pursuant to Patent Rule 3-6.
and Discovery Order
due Defendant shall join additional parties. It is not necessary to file a motion to
(plus 30 day extension) join additional parties prior to this date. Thereafter, it is necessary to
obtain leave of Court to join additional parties.

Defendant shall assert any counterclaims. After this deadline, leave of Court
must be obtained to assert any counterclaims.
Defendant shall produce documents sufficient to show in detail the
functionality of the accused aspects of the accused instrumentalities
identified by Plaintiffs.
Add any inequitable conduct allegations to pleadings. It is not necessary
to file a motion for leave to add inequitable conduct allegations to
pleadings prior to this date. Thereafter, it is necessary to obtain leave of
Court to add inequitable conduct allegations to pleadings.
August 13, 2008 Production of documents (to the extent required pursuant to Paragraph 2 of
45 days after Rule 16 the Proposed Discovery Order).and computation of damages due.
Scheduling Conference
(plus 30 day extension)

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July 29, 2008 Initial Disclosures due (pursuant to Paragraph 1 of proposed discovery
30 days after Rule 16 order).
Scheduling Conference
(plus 30 day extension)
June 9, 2008 Comply with P.R. 3-1 and P.R. 3-2 - Disclosure of Asserted Claims and
4 days after Status Infringement Contentions due. Thereafter, it is necessary to obtain leave
Conference / 10 days of Court to add and/or amend infringement contentions, pursuant to Patent Rule
before Docket Control 3-6.
Order and Discovery
order is Due Plaintiff shall join additional parties. It is not necessary to file a motion to
(plus 30 day extension) join additional parties prior to this date. Thereafter, it is necessary to obtain
leave of Court to join additional parties.

Plaintiff shall add new patents and/or claims for patents-in-suit. It is not
necessary to file a motion to add additional patents or claims prior to this
date. Thereafter, it is necessary to obtain leave of Court to add patents or
claims.
May 30, 2008 Following a meet and confer, parties must submit to the Court this
10 business days after Discovery Order and Docket Control Order. (effective date of Rule 16
receipt of Notice of Scheduling Conference)
Scheduling Conference
December 10, 2008 Mediation to be completed. Hesha Abrams, 7616 Burns Run, Suite 180,
Dallas, Texas 75248-2322, and (972) 702-9066 is appointed as mediator in
this cause. Mediation shall be conducted in accordance with the Court-
Annexed Mediation Plan. See Appendix H to Local Rules, available on
the Court’s website at www.txed.uscourts.gov.
No. of trial days 8 days

In the event that any of these dates fall on a weekend or Court holiday, the deadline is
modified to be the next Court business day.

The parties are directed to Local Rule CV-7(d), which provides in part that “[i]n the event a
party fails to oppose a motion in the manner prescribed herein the Court will assume that the
party has no opposition.” Local Rule CV-7(e) provides that a party opposing a motion has 15 days in
which to serve and file supporting documents and briefs after which the Court will consider the
submitted motion for decision.

OTHER LIMITATIONS

(a) All depositions to be read into evidence as part of the parties’ case-in-chief shall
be EDITED so as to exclude all unnecessary, repetitious, and irrelevant
testimony; ONLY those portions which are relevant to the issues in controversy
shall be read into evidence.

(b) The following excuses will not warrant a continuance nor justify a failure to comply
with the discovery deadline:

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(i) The fact that there are motions for summary judgment or motions to
dismiss pending;

(ii) The fact that one or more of the attorneys is set for trial in another court on the
same day, unless the other setting was made prior to the date of this order or
was made as a special provision for the parties in the other case; and

(iii) The failure to complete discovery prior to trial, unless the parties can
demonstrate that it was impossible to complete discovery despite their
good faith effort to do so.

So ORDERED and SIGNED this 5th day of June, 2008.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE